Tag Archives: law

The Law Review Article

Just posted on ssrn and bepress: The Law Review Article By Pierre Schlag * March 11, 2016   Keywords: law review article, absurd, cass sunstein, Abstract: This very short piece describes the form, structure and vexations of the law review … Continue reading

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American Absurd

(Pre-order from Amazon)

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Dear Black People

Dear Black People, I just wanted to write to say I am sorry about Michael Brown, Eric Garner, Tamir Rice, and the others too numerous too list. About Brown, the process that resulted in a decision not to indict Darren … Continue reading

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Earth Day, Dog Whistles, and Zero Sum Politics

The Supreme Court’s decision today in Schuette v. Bamn would seem to have little to do with Earth Day. The Court, in a fractured majority decision, upheld Michigan’s voter-enacted ban on race based affirmative action programs in state institutions, including … Continue reading

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Gun Culture

Whatever the Second Amendment means, the problem for our society is that we have internalized the notion not only that we have the right to own guns, but we all should actually own one.  The NRA’s political and legal successes have … Continue reading

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Quantitative Tie-Breakers (Theory Moves)

Quantitative Tie-Breakers: [kwon-ti-tey-tiv tahy brey-kers] Noun Phrase The fundamental issue in the final stages of appellate adjudication almost always takes the form, “How can something that is inescapably two or more things at once be only just one thing.”   (Apologies to Thomas Reed Powell.)  … Continue reading

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Could the Gender Gap Save Affirmative Action?

Abigail Fisher sued the University of Texas, Austin, arguing that UT’s admissions policies violate the Equal Protection Clause of the XIVth Amendment. Abigail Fisher is white. UT automatically accepts Texas residents who graduate in the top 10% of their high … Continue reading

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